Change in IPR policies
John C Klensin <john-ietf@jck.com> Tue, 09 June 2020 19:50 UTC
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Date: Tue, 09 Jun 2020 15:50:19 -0400
From: John C Klensin <john-ietf@jck.com>
To: ietf@ietf.org
cc: trustees@ietf.org
Subject: Change in IPR policies
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Hi. I was just reminded that, when I registered for IETF 108, I noticed that I was asked to agree to two things that seemed new. The first is probably unimportant but IANAL and it is still a change. The second seems problematic. (1) If I recall (I was tired and might easily have been confused), the language about the Note Well statement has changed to require agreement to the statement itself, not just that it was read and understood. If so, I hope the new language was cleared with counsel because I believe we were warned in the past that we should treat that statement simply as a collection of pointers, not an authority in itself. That is the reason why, e.g., we reference specific RFCs or BCPs in I-Ds and RFC boilerplate rather than pointing to the Note Well. (2) There is a very specific and, as far as I know, completely new, prohibition against distribution or broadcasting of any meeting-related discussion or events. That seems like a giant step away from the IETF's tradition of openness and free availability of materials. It also may run counter to existing principles and rules, including the provisions about reuse of Contributions for IETF purposes that appear in BCP 78. In addition to the general principle that we do not try to restrict access to, reuse of, or reproduction of, our materials (as long as they are reproduced intact), there are at least two interesting operational edge-case questions about what the requirement means. As examples, (1) Suppose that, as part of a presentation, I read sections of an Internet-Draft that I wrote. Now, normally, the content of an I-D is a Contribution to the IETF but one for which the author(s) etain full rights to reuse the content for other purposes. By reading those sections aloud, do I forfeit the right to distribute and broadcast them? (2) Perhaps I read from a published RFC, for example RFCs 2026 or 5378. Does that make it a requirement that whomever hears me read it must then ask the IETF's permission before quoting from it in a way that would constitute "distribution". (3) Suppose I record a session for my personal use and then discover what appears to be a discrepancy between what was said at the meeting. Am I allowed to quote from my recording on the relevant mailing list to dispute the account in the minutes? Or, if there is a later decision made based in part of what was said at the meeting, am I allowed to include part of that recording in an appeal? Those examples are (I hope) silly individually, but they are consistent with the "no distribution or broadcasting" provision. As important and in the context of other recent discussions, who approved that restriction? Were the Trustees of the IETF Trust and their legal advisors involved and, if not, why not? If they were, should we expect a discussion in their April or May 2020 minutes (which are now significantly late)? And, because it appears to be a very significant change from IETF principles and history, when was the community consulted about this and where is its consensus documented? I hope no one is going to claim that it was necessary on an emergency basis to protect the revenue stream from registrations because that claim could have been made at any time in the past (and I can't be the only one who has recorded all or part of IETF meeting WG or Plenary sessions and then shared them). best, john
- Change in IPR policies John C Klensin
- Re: Change in IPR policies Brian E Carpenter
- Re: Change in IPR policies Scott O. Bradner
- Re: Change in IPR policies Carsten Bormann
- Re: Change in IPR policies Russ Housley
- Re: Change in IPR policies Jay Daley
- RE: Change in IPR policies Adrian Farrel
- Re: Change in IPR policies John C Klensin
- Re: Change in IPR policies Jay Daley
- Re: Change in IPR policies Stephen Farrell
- Re: Change in IPR policies John C Klensin
- Re: Change in IPR policies John Scudder
- Re: Change in IPR policies John C Klensin
- RE: Change in IPR policies Adrian Farrel
- Re: Change in IPR policies Michael Richardson
- Re: Change in IPR policies Michael Richardson
- Re: Change in IPR policies Jay Daley
- Re: Change in IPR policies Paul Wouters
- Re: [Trustees] Change in IPR policies Brad Biddle
- Re: Change in IPR policies Michael Richardson
- Re: Change in IPR policies Stephen Farrell
- Re: Change in IPR policies John Scudder
- Re: Change in IPR policies Paul Wouters
- Re: Change in IPR policies Jay Daley
- Re: Change in IPR policies Lou Berger
- Re: Change in IPR policies Jeff Tantsura
- Re: [Trustees] Change in IPR policies John C Klensin
- Re: [Trustees] Change in IPR policies Jay Daley
- Re: Change in IPR policies S Moonesamy
- Re: Change in IPR policies John Scudder
- Re: Change in IPR policies Alexa Morris
- Re: Change in IPR policies Donald Eastlake
- Re: Change in IPR policies Robert Raszuk
- Re: Change in IPR policies John C Klensin